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2008 Supreme(Bom) 695

S.A.BOBDE, N.A.BRITTO
Aldino Santos Braganza – Appellant
Versus
Marle Dos Santos Braganza – Respondent


Advocates:
CASES CITED:
1. V. Bhagat Vs. D. Bhagat, 1994(1) SCC 337.
2. N. G. Dastane (Dr.) Vs. S. Dastane, (1975) 2 SCC 326
3. Chetan Dass Vs. Kamla Devi, 2001(3) ALLMR 255 (S.C.) : (2001)4 SCC 250
4. A. Jayachandra Vs. Aneel Kaur, 2005(5) ALL MR (S.C.) 313 : (2005)2 SCC 22
5. Shobha Rani Vs. Madhukar Reddi, AIR 1988 SC 121
6. L.I.C. Vs. Narmada Agarwalla, AIR 1993 ORISSA 103
7. Narayan Ganesh Dastane Vs. Sucheta Narayan Dastane. AIR 1975 SC 1534

N. A. BRITTO, J.:- In this Plaintiff's Letters Patent Appeal, the short question for our consideration is whether the plaintiff is entitled for divorce under Article 4(4) of the LawaI' Divorce in force in the State of Go a which when translated reads as follows :-

The contested divorce may be obtained only on the following grounds :-

1. ………..

2……………..

3………………….

4. Ill-treatment or serious injury.

2. The Plaintiff married the Defendant on 19-4-1987, The Plaintiff is from Assagao whilst the Defendant is from Verla, Parra. The Plaintiff is a mechanical engineer working abroad and periodically comes to Gail whilst the Defendant is a lecturer in a higher secondary school. Theirs was an arranged marriage and the Plaintiff was elder to the Defendant by about 9 years. Armando, their only child was born to them on 16-3-1988. Their relations were rather strained at least from 311-1990 if not earlier, as a result of which the Defendant was residing at her mother's house at Verla, Parra during the absence of the Plaintiff while he was abroad.

3. On behalf of the Plaintiff, an advocate's letter dated 21-2-1991 was written to the Defendant to find out a solution in law in respect of the differen














































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